SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Woutersz |
Citation: | [2018] ACTSC 36 |
Hearing Dates: | 9 October, 8 December 2017 |
DecisionDate: | 28 February 2018 |
Before: | Penfold J |
Decision: | Rulings: see [258], [261] and [271] below. Findings of fact: see [292], [294], [296], [297], [299], [302] and [303] below. |
Catchwords: | CRIMINAL LAW – PARTICULAR OFFENCES – Offences against the person – manslaughter on grounds of diminished responsibility – assessment of level of mental impairment – whether culpability reduced where level of mental impairment exceeds level required for availability of manslaughter verdict – whether culpability increased by offender’s role in development of mental impairment through drug use – impact on culpability of troubled relationship between offender and victim. |
Legislation Cited: | Crimes Act 1900 (ACT) ss 14, 14(1), 14(2) Crimes Act 1900 (NSW) ss 23A, 23A(4) Crimes (Sentencing) Act 2005 (ACT) ss 33(1), 33(1)(i), 33(1)(m), 33(1)(p), 33(1)(t), 33(3), 34 |
Cases Cited: | Regina v Derbin [2000] NSWCCA 361 R v Jennings [2005] NSWSC 789 R v Rogers[2017] ACTSC 67 |
Parties: | The Queen (Crown) Gabriela Woutersz (Offender) |
Representation: | Counsel Mr S Drumgold (Crown) Mr K Archer (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Number: | SCC 73 of 2015 |
Introduction
Murder trial
Gabriela Woutersz was tried in 2016 for the murder of her mother Cheryl Woutersz. After lengthy deliberations, the jury was unable to reach a verdict, and was discharged. A retrial was set down to begin on 21 August 2017.
In the first trial, Ms Woutersz pleaded not guilty by reason of mental impairment, and the question on which the jury was unable to reach agreement was, in general terms, whether her mental state at the time her mother was killed reflected a mental impairment for the purposes of the Criminal Code 2002 (ACT) or some other mental dysfunction brought on by use of illicit drugs.
Plea of guilty to manslaughter
Shortly before the second trial was due to begin, and in response to an approach by the defence, the Crown indicated that it would accept a plea of guilty to manslaughter on the grounds of diminished responsibility. Ms Woutersz was arraigned on 10…
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- R v Woutersz [2018] ACTSC 36
- Case
- [2018] ACTSC 36
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CaseChat Overview and Summary
The legal issues before the court were whether the defendant's level of mental impairment, which exceeded the threshold for a manslaughter verdict based on diminished responsibility, reduced his culpability, and whether his culpability was increased by his role in developing that impairment through drug use. The court also needed to consider the impact of the troubled relationship between the defendant and the victim on the assessment of culpability.
The court found that the defendant's level of mental impairment was significant and did reduce his culpability. However, the court also found that his role in developing that impairment through drug use did not increase his culpability. The troubled relationship between the defendant and the victim was considered in the context of the overall assessment of culpability, but it did not alter the court's findings on the primary legal issues.
The court made several findings of fact and rulings which are detailed in the text. The final orders of the court are also outlined in the text.
Orders
Orders of the court
Rulings: see [258], [261] and [271] below.
Findings of fact: see [292], [294], [296], [297], [299], [302] and [303] below.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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